Automobile Accident Claims

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Please note that all information provided below is general information and should not be construed as legal advice. Please consult a Personal Injury lawyer to discuss the specifics of your personal situation. Any one of our Personal Injury lawyers would be pleased to meet with you to answer your questions.

I was injured in an automobile accident. Can I make a claim?

What if the automobile accident is my own fault?

What are accident benefits?

Can I sue the party who caused the automobile accident?

Are there any timelines?

My car accident was caused because the municipality failed to maintain the road – is there anything special that I need to do?

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I was injured in an automobile accident. Can I make a claim?

If you are injured in a motor vehicle accident, you may have the right to make a claim against the person(s) who caused or contributed to your injury. You are also entitled to make a claim for Accident Benefits that will be provided from your own insurance company.

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What if the automobile accident is my own fault? Can I still make a claim?

Even if you are at fault for the accident you may still be entitled to certain Accident Benefits, which are usually paid by your own insurance company. Depending on the circumstances of the accident and your personal circumstances, you may also be entitled to benefits from other sources.

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What are accident benefits?

An accident benefits claim is available to anyone who has been injured in an automobile accident regardless of fault. Typically this is the first claim that is made following a car accident. Depending on your type of injury, the accident benefits aspect of the claim allows you to pursue compensation from your own insurer for the following types of expenses or losses following an accident:

• Income Replacement 
• Medical and Rehabilitation Expenses
• Attendant Care Expenses (The cost of a caregiver to assist you)
• Housekeeping and Home Maintenance Expenses
• Death and Funeral Benefits

If you do not have your own automobile insurance, we can help you determine which insurance company to apply to in order to obtain these benefits.

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Can I sue the party who caused the accident?

Yes, in certain cases. The lawsuit is also known as the tort claim. In order to maintain a lawsuit with respect to a car accident in Ontario you must generally meet two basic requirements: you need to prove that your injuries resulted from the fault of another party, and you need to prove that you have suffered a serious impairment. The lawyers at Gluckstein Personal Injury Law will evaluate your case and determine whether or not it is advisable to pursue a lawsuit in your case.

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Are there time limits?

Yes. It is important to meet with a lawyer to discuss your case as soon as possible to ensure that you do not miss any vital time limitations that could prevent you from obtaining compensation.

As general information, here are some very basic timelines as they relate to automobile accident claims. You should always consult with a lawyer when it comes to your particular situation.

Within 7 days of your accident:

  • notify your accident benefits insurer of your accident.

Within 30 Days of your accident:

  • apply for accident benefits.

Within 2 Years of your accident:

  • Begin a tort claim against the party who is at fault for the accident. Make a claim against the insurer if you are denied accident benefits.

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My car accident was caused because the municipality failed to maintain the road – is there anything special that I need to do?

Yes. If you were injured due to the negligence of the municipality you must notify the municipality of your intention to sue within 10 days of your accident. We can assist you in providing this notice to appropriate municipal department.

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